Tachograph offences are something we deal with at Keep Your Licence more and more. VOSA can be a robust prosecuting body, and are in charge of investigations and prosecutions for breaches of the drivers’ hours regulations and tachograph misuse.
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“I was under a lot of stress with the court case coming up when I met Richard Wood. He made me feel more comfortable and put my mind at ease. I would recommend anybody who is in my situation to use Richard, who fought my case and helped so much in court and outside. Thank you so very much.”
We have appeared in the Court of Appeal on one of the cases which is often quoted as a sentencing authority for tachograph offences, and are highly experienced in this type of work. We represent operators and drivers in criminal cases in the Magistrates’ Court and Crown Court; and in regulatory proceedings before the Traffic Commissioner.
A fully functional tachograph system must be used in vehicles over 3.5 tonnes, and in vehicles adapted to carry over 8 passengers, unless an exemption applies. Failing to adhere to drivers’ hours regulations can result in prosecution for a variety of tachograph offences, the penalties for which can be severe. Simple breaches of the regulations can attract fines of up to £2,500. Failing to use a tachograph can attract a penalty of up to £5,000. Operators or drivers are often prosecuted for multiple offences with each potentially attracting a separate fine. The falsification or alteration of drivers’ hours records is a serious offence which carries a maximum penalty of 2 years imprisonment.
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Convictions for tachograph offences can have serious regulatory implications for both operators and drivers alike. Investigations by VOSA or convictions in the Courts will often result in proceedings before the Traffic Commissioner. One of the standard undertakings attached to an operator’s licence is that the operator will ensure that they are fully compliant with drivers’ hours regulations. Convictions for these tachograph offences can therefore have serious implications for operators and may result in them being called to attend a Public Inquiry.
Drivers convicted of tachograph offences may find themselves called to attend a driver conduct hearing and may face having their vocational licence entitlement suspended, or in more serious cases, revoked.
If you think we might be able to help you further, then call 0800 0126039 or fill out an online enquiry.